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Memorandum of Understanding

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Memor​​​andum of Understanding

Between:

The M​​​ini​ster of Labour

(herein​​after referred to as the "Minister")

and

The Chief Ad​​​​ministrative Officer of the Pay Equity Commission and Head of the Pay Equity Office (hereinafter referred to as the "CAO")

Originally Signed by:

Charles Sousa

Minister of Labour

Date: April 11, 2011

Orginally signed by:

Emanuela Heyninck

Chief Administrative Officer

Pay Equity Commission

Date: April 13, 2011​

1. Legislativ​e Authority and Mandate

  • The Pay Equity Commission (the "Commission") was established by section 27 of the Pay Equity Act, 1987, S.O. 1987, c.34 and is continued by subsection 27 (1) of the Pay Equity Act, R.S.O. 1990, c.P.7 as amended (the "Act"). The Commission consists of two separate, independent parts: the Pay Equity Hearings Tribunal (the "Tribunal") and the Pay Equity Office (the "Office"). Each part of the Commission reports to the Minister and the Minister is responsible for the legislation.
  • A reference in this Memorandum of Understanding to the Office means the Pay Equity Office of the Pay Equity Commission. A reference to the Commission means the Office and the Tribunal. A reference to the Ministry means the Ministry of Labour, and a reference to the Deputy Minister means the Deputy Minister of Labour.
  • Pursuant to subsection 33(3) of the Act, the Lieutenant Governor in Council appoints the head of the Office, and this person shall be the Chief Administrative Officer (CAO) of the Commission.
  • The Office is a regulatory agency of the Government of Ontario and its mandate is to enforce the Act. The purpose of the Act is to redress systemic gender discrimination in compensation for work performed by employees in female job classes and sets out a comprehensive scheme to be followed by employers for the achievement and maintenance of pay equity in their establishments.
  • The Office achieves its mandate through, among other things, the following mechanisms:
    • ​public education programs as well as specific pay equity programs as necessary for stakeholders,
    • the provision of general information concerning pay equity,
    • investigation of objections to pay equity plans and complaints of contravention and attempts to effect settlement of issues through dispute resolution
    • the issuing of orders and enforcement of orders when required
    • monitoring employers for compensation and pay equity related information, including levels of compliance with the Act through proactive measures and investigations.
  • The Office may conduct research, produce research papers, and make recommendations to the Minister regarding any aspect of pay equity and related subjects.

2. Memorandum of ​Understanding

Purpose of the Memorandum of Understanding

  • The purpose of this Memorandum of Understanding (MOU) is to clarify the Office's accountability to the Minister and the Government of Ontario. As well, this MOU sets out the expectations for information exchange and working relationships that support the accountability requirements within a framework which recognises the independence of the Office and Tribunal from one another, and the independence of the Office from the Ministry, while respecting the statutory framework establishing the Office and the Tribunal collectively as the Commission.
  • The MOU establishes:
    • the roles of the Minister, the Deputy Minister, the CAO and the Director of the Office ("Director");
    • the independence of the Office from the Tribunal and the Ministry and the accountability of the Office to the Minister;
    • financial management and administrative practises and arrangements for the efficient and effective operation of the Office, including staffing;
    • the extent to which specific Management Board of Cabinet Directives and Guidelines apply to the Office;
    • the applicability of directives issued pursuant to the Public Service of Ontario Act, 2006 ("PSOA")
    • reporting requirements; and
    • accountability relationships including audits.
  • The MOU does not supersede the provisions of any legislation governing the Office. This MOU shall not affect, modify, limit or interfere with any of the responsibilities of the Minister and of the Office established by law. In the event of a conflict between the MOU and a provision of any legislation respecting the Office, the legislation prevails.

Duration of Agreement

  • This MOU shall be effective when the Minister and the CAO of the Commission sign the MOU. The MOU shall remain in effect for five years from its effective date or until a new MOU is agreed to by the parties.

Review and Amendment

  • The MOU may be reviewed at the request of either of the parties, and shall be reviewed in the event that a new Minister or a new CAO is appointed, the Commission's governing legislation is amended or repealed, or any other significant changes to the Commission are contemplated.

3. Roles and​ Responsibilities

The Minister

  • The Minister is accountable for the Office to the Government of Ontario and is responsible for representing the Office in Cabinet and its Committees, in the Legislative Assembly, and before Committees of the Legislature.
  • The Minister is accountable to the Legislature for the Office's fulfilment of its mandate and its compliance with government administrative policies and for this purpose shall report to the Legislature concerning the activities of the Office.
  • The Minister is accountable for the coordination of the various agencies falling within his or her jurisdiction to ensure there is no duplication of effort and inconsistency amongst agencies.
  • The Minister recognises that the Office is a statutory entity exercising powers and performing duties in accordance with its legislative mandate. The Minister acknowledges the independence of the Office in its enforcement of the Act.
  • The Minister is responsible for assessing whether the Office is fulfilling its legislative mandate and for ensuring operational initiatives which are developed and implemented are in accordance with the Office's legislative mandate.
  • The Minister is responsible for formulating and carrying forward amendments to the Act.
  • The Minister is responsible for providing direction on government and Ministry operational priorities for inclusion in the Office's business plan. The Minister is responsible for the review and approval of the Office's annual business plan, for the annual allocation of resources to the Office in accordance with the Ministry's and government's annual budget approval and resource allocation process.
  • The Minister may also exercise such other responsibilities as may be determined by the Management Board of Cabinet Directive on Agency Establishment and Accountability, and consistent with Article 3.4 of this MOU.
  • The Minister shall table the Annual Report of the Commission in the Legislative Assembly in accordance with subsection 33(5) of the Act.

The Ch​ief Administrative Officer

  • The CAO acknowledges that accountability to the government in exercising the Office's mandate is a fundamental principle to be observed in the management, administration and operations of the Office. The CAOacknowledges that accountability of the Office to the Government of Ontario means direct accountability to the Minister.
  • The CAO is the statutory head of the Office. Recognizing the Director's delegated responsibility for human resources in accordance with Article 5.5 of this MOU, the CAO shall provide leadership and strategic policy and program direction to the Office and is responsible for the overall management and administration of the Office. The CAO shall direct the affairs of the Office within the mandate as defined in Article 1 of this MOU and in accordance with the approved business plan.
  • The CAO acknowledges that, in order for the Minister to perform the duties set out in this MOU, the Minister must be informed of the existence or emergence of issues relating to the Office's mandate, and the CAO shall inform the Minister of such issues upon their emergence and on a regular basis as required.
  • The CAO is accountable to the Minister for ensuring that the Office carries out the responsibilities assigned or delegated to it under the Act and any other applicable legislation, and complies with all applicable legislation, Management Board of Cabinet and the Ministry of Finance Directives and Guidelines, Cabinet Office Communication Directives, Public Service Commission Directives and this MOU.
  • The CAO is responsible for signing an annual Certificate of Assurance, which includes attesting to the Office's compliance with the mandatory requirements set out in the Management Board of Cabinet's Agency Establishment and Accountability Directive.
  • The CAO shall work in conjunction with the Presiding Officer of the Tribunal to present the Commission's annual report to the Minister according to subsection 33(5) of the Act and in accordance with the Agency Establishment and Accountability Directive. The CAO shall review the Office's proposed annual budget and business plan and bring them forward to the Minister and the Deputy Minister for approval.
  • Recognizing the Director's delegated responsibility for human resources in accordance with Article 5.5 of this MOU, the CAO shall:
    • make every reasonable effort to ensure there is a timely, effective and efficient caseload management system to resolve complaints under the Act through investigation and dispute resolution mechanisms, the issuance of orders, and the seeking of enforcement of those orders where necessary;
    • promote consistency, and where appropriate, expeditious decision-making by review officers and the Office generally in the performance of the complaint resolution function;
    • conduct such proactive inquiries as may be reasonable given the Office's resources to enable it to provide information about pay equity and related issues to the Ministry and to ensure reasonable compliance with the Act.
    • promote compliance with the Act through public information and education programs; and
    • ensure that the Office has an effective performance measurement and management system.
  • The CAO is accountable to the Deputy Minister for ensuring that the Office operates within its budget and adheres to Ministry policies as described in Article 5.5 of this MOU. The CAO shall assist the Deputy Minister with program evaluation as directed.
  • The CAO is responsible for ensuring that the Director informs all staff of the Office of the applicable conflict of interest rules under the PSOA. If the Office decides to adopt its own conflict of interest rules, instead of the rules in the PSOA, the Office will provide the Deputy Minister with a copy of the proposed conflict of interest rules before they are submitted for approval to the Conflict of Interest Commissioner.
  • The CAO is also responsible for ensuring that the Director informs all staff of the Office of their obligations and rights under the PSOA related to political activity and the disclosure and investigation of wrongdoing.
  • The CAO is responsible for communicating performance objectives to the Director and may make recommendations or provide comments with respect to the Director's performance to the Deputy Minister or his/her delegate in relation to the government's priorities, the said objectives of the Office, applicable Management Board of Cabinet Directives and other corporate or Ministry policy directives.

The Deputy M​inister

  • The Deputy Minister is responsible for ensuring that the Ministry is providing the administrative, financial, human resources and information technology support service required by this MOU to the Office, and shall also commit to the Minister that the support or services provided to the Office are of the same quality and standard as provided to the Ministry's own divisions and branches.
  • The Deputy Minister is accountable to the Minister for: reviewing the Office's business plan; ensuring the Office's compliance with applicable Management Board of Cabinet and Ministry of Finance Directives and Guidelines, Public Service Commission Directives, conflict of interest rules and Cabinet Office Communications Directives; ensuring that the Minister is aware of any additions or amendments to the Office's policies or operational initiatives which affect the Office's mandate; providing advice to the Minister concerning Office issues and initiatives of importance relevant to the Office's mandate; and informing the Minister of the requirements of the applicable Management Board of Cabinet and Ministry of Finance Directives and Guidelines, Public Service Commission Directives, conflict of interest rules and Cabinet Office Communications Directives.
  • On behalf of, and in conjunction with the Minister, the Deputy Minister shall assess whether the Office is fulfilling its legislative mandate, and recommend ways to resolve any issues or problems that are identified as barriers to the delivery of the Office's mandate.
  • The Deputy Minister is responsible for providing a framework for assessing whether the Office's business planning and performance measurement processes and goals are developed and implemented in accordance with the approved government policies.
  • The Deputy Minister is responsible for ensuring that all accountability and reporting requirements as provided for by this MOU are met.
  • The Deputy Minister or his/her delegate is responsible for ensuring a performance contract has been established for the Director, based on consultation with the CAO, that reflects the Office's objectives, the government's priorities, applicable Management Board of Cabinet Directives and other corporate or Ministry policy directives. 
    The Deputy Minister or his/her delegate will be responsible for approving the performance evaluation and rating of the Director, based on input and recommendation from the CAO.

The Directo​​r of the Office

  • The Director is responsible for the day-to-day management of the Office's operations in accordance with accepted business and financial practices and standards.
  • The Director has been delegated human resources authority under the PSOA as described in Article 5.5 of this MOU.
  • The Director is prescribed as the Ethics Executive under the PSOA for public servants, other than government appointees, of the Office as described in Article 5.7 of this MOU. The Director will ensure that Office staff are familiar with the applicable conflict of interest rules and will promote ethical conduct by Office staff pursuant to section 64 of the PSOA.

4. Inf​ormation Exchange

  • The Minister and the CAO recognise that timely information exchange concerning the operations and administration of the Office is essential to:
    • enable the Minister to be accountable for the Office in the Legislature;
    • enable the parties to discharge their respective responsibilities; and
    • ensure the consistency of the Office's operational initiatives with the strategic directions of the Government of Ontario, as for example, meeting the government's standards of public service.
  • The Minister shall meet with the CAO on a regular basis, and as required to:
    • discuss issues relating to the delivery of the Office's mandate;
    • review matters provided for in this MOU;
    • discuss initiatives and issues that affect the Office and the Ministry's common stakeholder communities;
    • ensure that the CAO has the opportunity to make the Minister aware of initiatives that the CAOfeels should be implemented to facilitate the Office in achieving its mandate; and
    • discuss any other issue considered appropriate.
  • The Deputy Minister shall meet with the CAO on a regular basis, and as required to discuss matters of mutual importance to the Office and the Ministry, such as the services provided by the Ministry to the Office, the implementation of corporate Ministry policies, issues relating to the efficient operation of the Office, and to review matters provided for in this MOU.
  • The CAO shall keep the Minister advised of all planned events, as well as issues or events that concern or can be reasonably expected to concern the Minister in the exercise of his or her responsibilities and shall keep the Deputy Minister informed and up-to date on all program operating matters.
  • The Ministry, wherever possible, shall consult with the Office as appropriate on initiatives that are being undertaken to amend the legislation or regulations which may affect the Office's mandate or operations. This commitment includes consultation, wherever possible, on any review of the Office's mandate or any consideration of alternative means of delivery of its services. The Minister shall advise the CAO of those policy decisions of the Government of Ontario relevant to the administration of the Office's operations.
  • The Minister and the CAO shall share information in a timely fashion concerning any issue that affects the Office's operations or may require the Minister's attention. This may include issues which:
    • have a significant impact on clients or stakeholder;
    • raise questions in the Legislature, or are raised by the media or stakeholders;
    • have a significant financial or operational impact on the achievement and maintenance of pay equity in the province; and
    • require reports to Cabinet, Treasury Board/Management Board of Cabinet, other Cabinet sub-committees or other government agencies.
  • The Deputy Minister shall inform the CAO of the policies of the Ministry and the government that apply to the Office, such as financial, administrative, human resources and other corporate policies, including policies in respect of French language services, freedom of information, workplace harassment and equal opportunity.
  • Prior to embarking upon the preparation and/or release of any public discussion papers and/or research papers, the CAO shall consult with the Minister.
  • The Office or the Ministry may publish and distribute any material and reports considered to be necessary to inform the public of the Office's operations. The Office shall share any publications and related communications strategies with the Ministry in a timely fashion. Prior to publishing any material, the Ministry shall consult with the Office to ensure accuracy of the information.
  • The Minister and the CAO shall consult with each other with respect to release to the public, via the media or otherwise, of any policy or operational initiative.

5. Managem​ent and Administration

Agency Classification and Staffing

  • The Office is classified as a regulatory agency of the Government of Ontario under the provisions of the Agency Establishment and Accountability Directive. Accordingly, the Office is subject to all Management Board of Cabinet, and Cabinet Office Directives and Guidelines applicable to regulatory agencies, including any amendments to those Directives and Guidelines in effect on the date this MOU is executed, or any Directives and Guidelines which come into effect after that date.
  • The Office receives its funds from the Consolidated Revenue Fund through the Ministry's Expenditure Estimates, pursuant to an appropriation authorised by the Legislature. Accordingly, the Office is subject to all Ministry of Finance policies, directives, and guidelines.
  • The Office is prescribed as a Commission Public Body under the PSOA. With the exception of the CAO, all staff of the Commission are appointed under Part III of the PSOA and shall receive all the rights and benefits under that Act and any relevant collective agreements. The management of such staff shall be subject to Management Board of Cabinet Directives and Guidelines, Public Service Commission Directives, other government policies and procedures respecting human resources, and any applicable collective agreements or other applicable legislation or regulations.
  • Schedule A, which forms part of this Memorandum of Understanding, provides a list of applicable Management Board of Cabinet, Public Service Commission and Ministry of Finance Directives. The Office must comply with all Management Board of Cabinet, Public Service Commission and Ministry of Finance Directives that are applicable to regulatory agencies, former Schedule 1 agencies or Commission Public Bodies, whether or not a directive is specifically listed in Schedule A.
  • Schedule B, which forms part of this Memorandum of Understanding, contains a list of statutes that are applicable to the Office. The Office must comply with all applicable statutes, whether or not it is specifically listed in Schedule B.
  • The CAO shall designate the Director to act as alternate CAO during the CAO's absence, and when the alternateCAO is required to act as such, he or she is responsible for the matters assigned to the CAO of the Commission by this MOU.

Admin​​istrative Support

  • The Office receives its administrative support from the Ministry of Labour and is subject to all central agency Directives and Guidelines.
  • The Office and the Ministry shall avoid duplication of services to the extent possible, taking into account the need to reflect and preserve the independence of the Office.
  • The Deputy Minister is responsible for negotiating administrative services to be provided to the Commission through Ontario Shared Services.
  • The CAO shall, upon the request of the Minister or the Deputy Minister, supply specific data and other information which may be required from time to time for the Ministry to provide administrative, financial, human resources and information technology support services to the Office.

Legal​​ Services

  • The Office shall supply its own legal services using rates of pay that are the same as, or less than, those of the Lawyers Compensation Plan of the Ontario Public Service.
  • Upon notifying the Ministry of the Attorney General (MAG) through the Director of Legal Services at the Ministry of Labour, the Office may obtain outside legal assistance when it requires expertise not available to it from its staff counsel, or when the use of staff counsel would result in a conflict of interest. The CAO shall follow the procurement principles and guidelines, including fee schedules, used by the MAG for retaining outside counsel in accordance with MAG's Corporate Operating Policy on Acquiring and Using Legal Services.

Management Bo​​ard of Cabinet Requirements

  • As an agency of the government, the Office must conduct itself according to the management principles of the Government of Ontario. These principles include ethical behaviour, prudent and lawful use of public resources, value for money, high-quality service to the public, fairness and equity, and openness and transparency as set out in the Corporate Management Directive, 1997 of Management Board of Cabinet.
  • In accordance with the Agency Establishment and Accountability Directive and subsection 33(5) of the Act, theCAO shall present, for review by the Minister, an annual report on the activities and affairs of the Commission. The CAO will work in conjunction with the Presiding Officer of the Tribunal to prepare the annual report. The Office shall also prepare an annual business plan for the Minister's consideration. Information in the annual business plan may be added to the Ministry's annual budget planning submission.
  • The annual report shall include a report on the Office's performance measures and indicators and client service initiatives.
  • The CAO shall not release the annual report to the public until the Minister has tabled the report in the Legislature in accordance with the Standing Orders of the Legislative Assembly. Upon tabling the report in the Legislature, the Office shall circulate it to the pay equity community.

Financial and H​​uman Resources Delegation

  • The financial and administrative framework, including human resource administration, for the Office is set out in the Ministry's Delegation Documents, entitled "Ministry of Labour Financial Authority Framework" dated and "Inventory of Human Resources Responsibilities", collectively referred to as the "Delegation Documents". Any reference to the Delegation Documents in this MOU shall include any amendments made to them after the date this MOU comes into effect.
  • Pursuant to the PSOA, the Public Service Commission has delegated human resources authority to the Director.
  • The terms and conditions of the delegated human resources authority are specified in the Public Service Commission's delegation document dated July 20, 2007, entitled "Delegation of powers, duties and functions to prescribed individuals and chairs and deputy ministers in respect of public servants appointed to work in Commission public bodies", which may be amended from to time. Any delegation is conditional upon exercising the delegated authority as defined therein.
  • The Director has subdelegated his or her human resources authority, in accordance with the PSOA, to public servants within the Office at the manager level or above pursuant to a subdelegation document executed in October 2007. The subdelegation document may be amended from time to time.
  • The CAO shall ensure that individuals in the Office with delegated or sub-delegated human resources authority will be accountable to the Public Service Commission or the sub-delegating authority as appropriate, and will exercise that authority in compliance with any relevant legislation, directives or policies and in accordance with the operational goals and mandate of the Office, and within the parameters of the delegated authority.
  • In accordance with the "Ministry of Labour Financial Authority Framework", financial authority has been delegated to the CAO, the Director, and the Manager of Administration, who shall exercise the delegated authority in accordance with the operational goals and mandate of the Office and within the parameters of the delegated authority.
  • The CAO is accountable to the Deputy Minister for compliance with the "Ministry of Labour Financial Authority Framework", and is responsible for ensuring that the Office operates within its approved budget allocation in fulfilling its mandate.
  • Financial and accounting procedures of the Commission shall be in accordance with Ministry of Finance and Management Board of Cabinet Directives and Guidelines.
  • The Director is accountable to the Deputy Minister or the Deputy Minister's delegate for the management and supervision of Office staff in accordance with Management Board of Cabinet Directives and Guidelines, Public Service Commission Directives, including the Human Resources Management Governance and Accountability Directive, and the Ministry's "Inventory of Human Resources Responsibilities". The Director is responsible for human resource management including Talent Management and other programs. The Director of the Office is ultimately responsible to the Public Service Commission for carrying out the human resources management functions delegated to him or her by the Public Service Commission. The Director shall exercise this authority in support of the CAO's responsibility to direct the affairs of the Office within its mandate.
  • The Director is responsible for bringing any significant human resources matters to the attention of the Chief Administrative Officer of the Ministry or the Director of the branch responsible for providing strategic human resource advice in the Ministry, whether or not a delegated power is, or has been exercised by the Director.

Freedom of Informati​​​​on and Protection of Privacy

  • The Minister has delegated all of his or her powers and duties under the Freedom of Information and Protection of Privacy Act ("FOIPPA") to the CAO with respect to the Office pursuant to a delegation document dated December 11, 2008, as amended from time to time. The CAO recognizes that the Minister is ultimately responsible and accountable to the Legislature for ensuring compliance with the FOIPPA.
  • If the Office or the CAO becomes aware of a breach, potential breach or allegation of a breach of the FOIPPA, it shall be reported to the Freedom of Information and Privacy Office of the Ministry which may provide assistance in assessing the breach, potential breach or allegation of a breach. The Freedom of Information and Privacy Office may report the breach, potential breach or allegation of a breach to the Office of the Chief Information and Privacy Officer at the Ministry of Government and Consumer Services, as required.
  • The Ministry's Freedom of Information and Privacy Office shall coordinate an annual meeting with the Office and the CAO to review the Office's privacy and information management practices and any issues related to the application and administration of the FOIPPA.

Role and Respo​​nsibility of the Ethics Executive under the PSOA

  • It is recognized by the parties that the purpose of Article 5.7 is to promote consistency of decision-making regarding conflicts of interest, political activity and disclosures of wrongdoing within the Ontario Public Service.
  • The Ethics Executive for public servants of the Office is the person prescribed in Ontario Regulation 147/10 made under the PSOA. Currently, the Director is prescribed as the Ethics Executive for public servants, other than government appointees, of the Office ("EE"). The CAO shall receive reports from time to time from the EE regarding the ongoing application of this Article.
  • The EE is responsible for receiving and assessing requests or notifications related to conflict of interest, applications, requests or notifications related to political activity and disclosures of wrongdoing, and making determinations in relation to such matters.
  • In carrying out the authority conferred on the EE under the PSOA, the EE will ensure compliance with the PSOAand Management Board of Cabinet's Disclosure of Wrongdoing Directive.
  • Upon receipt of a request or notification concerning conflict of interest or an application, request or notification concerning political activity, the EE will provide a copy of the request, notification or application to the branch responsible for providing strategic human resource advice in the Ministry ("HRB") who will assist the EE in making any necessary inquiries. HRB may provide a report with or without recommendations to the EE, with a copy to the Deputy Minister. Once the EE has made a determination with respect to the request, notification or application, or makes a referral to the Conflict of Interest Commissioner, the EE will provide a copy of the determination or referral, as the case may be, to the Deputy Minister. The EE will provide any determination given by, or any direction received from the Conflict of Interest Commissioner to HRB.
  • If the EE initiates an inquiry, without receipt of an application, request or notification concerning conflict of interest or political activity, the EE will inform HRB who will assist the EE in making any necessary inquiries. HRB may provide a report with or without recommendations to the EE, with a copy to the Deputy Minister. Once theEE has made a determination with respect to the subject matter of the inquiry or makes a referral to the Conflict of Interest Commissioner, the EE will provide a copy of the determination or referral, as the case may be, to the Deputy Minister. The EE will provide any determination given by, or any direction received from the Conflict of Interest Commissioner to HRB.
  • The EE is bound by the Management Board of Cabinet's Disclosure of Wrongdoing Directive, which requires that he or she, and any other persons involved in conducting or administering the process related to disclosures of wrongdoing, ensure that the process is fair, timely and as confidential as possible.
  • The EE will provide a copy of the disclosure of wrongdoing to the HRB, unless he or she believes that due to the nature of the wrongdoing, it would not be appropriate to do so. If the EE does not provide a copy of the disclosure of wrongdoing to the HRB, the EE will notify HRB of the disclosure and provide it with a summary of the disclosure to the extent he or she believes is appropriate. For example, the EE may decide not to disclose identifying information about the individual(s) involved in the disclosure.
  • HRB may provide assistance in assessing the disclosure and may prepare a report with or without recommendations for the EE. If the HRB prepares a report, a copy shall be provided to the Deputy Minister. After the EE has dealt with the disclosure, with or without the assistance of the HRB, the EE will provide a report describing the nature of the disclosure of wrongdoing, the manner in which it was handled and the determination that was made, to the Deputy Minister, with or without identifying personal information as may be appropriate.
  • If the EE receives information related to a disclosure of wrongdoing filed directly with the Integrity Commissioner or any communication or referral from the Integrity Commissioner respecting the disclosure, the EE will provide HRB with as much information about the disclosure or referral as the EE considers appropriate. HRB may provide a report with or without recommendations to the EE, with a copy to the Deputy Minister. If the EE provides a report to the Integrity Commissioner, the EE will also provide a copy to the Deputy Minister, with or without identifying personal information as may be appropriate. The EE will also provide the Deputy Minister with information related to an investigation or any further referral by the Integrity Commissioner that he or she may become aware of, with or without identifying personal information as may be appropriate.
  • The CAO will notify the Minister, where appropriate, when he or she makes a disclosure of wrongdoing to the Conflict of Interest Commissioner or the Integrity Commissioner, with as much information about the disclosure as may be appropriate in the circumstances. The CAO will notify the Minister, where appropriate, of the outcome of the disclosure of wrongdoing.
  • The Director will notify the Deputy Minister, where appropriate, when he or she makes a disclosure of wrongdoing to the Conflict of Interest Commissioner or the Integrity Commissioner, with as much information about the disclosure as may be appropriate in the circumstances. The Director will notify the Deputy Minister, where appropriate, of the outcome of the disclosure of wrongdoing. The Director will also notify the Deputy Minister when he or she makes a request, notification or application related to conflict of interest or political activity to the Conflict of Interest Commissioner and will provide the Deputy Minister with a copy of the request, notification or application and will advise the Deputy Minister of t>he outcome.

6. Financ​​ial Requirements

Busines​​​s Plan & Performance Measurement

  • The CAO shall review the Office's annual budget requirements and business plan and ensure that the business plan for the Office is submitted to the Minister for review and approval within the requirements established by the Agency Establishment and Accountability Directive.
  • Information from the Office's business plan may form part of the Ministry's annual budget plan submission and shall be reflective of the Ministry's broad strategic directions. Each year the Minister shall advise the CAO of government and Ministry priorities and directions for inclusion in the business plan.
  • The Office's business plan must conform to the Agency Establishment and Accountability Directive and shall:
    • outline its business strategies for fulfilling the statutory mandate under all legislation which confers powers or duties upon it;
    • nclude the previous year's resources levels and expenditures, forecast expenditures for the current year and the proposed budget for the upcoming year;
    • outline its proposed performance, quality service measures, standards, targets, and commitments, and expected achievements and outcomes for the upcoming year;
    • outline its proposed client service initiatives for the upcoming year including a case management strategy;
    • include detailed human resources, cash flow and information technology plans that reflect performance goals, client service initiatives and business strategies;
    • include Office workload targets respecting the number of complaints received, orders issued, cases settled by agreement of the parties and cases closed.
    • include a risk assessment and risk management plan in accordance with the Agency Establishment and Accountability Directive to assess risks, develop and maintain necessary records and report to Treasury Board/Management Board of Cabinet.
  • The CAO shall prepare and submit such reports as are required under any applicable legislation or by the Minister, in accordance with established practices and time frames of the Ministry.
  • The Office shall provide the Ministry with reports on the implementation of its business plan on a quarterly or as required basis.

Audit Arrangem​​ents

  • The Office is subject to periodic review and value-for-money audits by the Auditor General of Ontario under the Auditor General Act or by the Ontario Internal Audit Division.
  • The Ontario Internal Audit Division may also carry out an internal audit, if approved to do so by the Ministry's Audit Committee or by the Corporate Audit Committee.
  • Regardless of any audit described in Articles 6.2.1 and 6.2.2, the Minister may direct that the Office be audited by an external auditor.
  • The CAO may request that the Deputy Minister arrange for an external audit of the financial transactions or management controls of the Office at the Office's expense.
  • The Office shall provide the information, material and access necessary for the conduct of any audit.
  • The Office will promptly provide a copy of every report from any audit to the Minister, the Deputy Minister and the Minister of Finance. The Office will also provide a copy of its response to the audit report and any recommendations therein. The Office will advise the Minister annually on any outstanding audit recommendations.

7. Othe​​r Considerations

Emergency Management

As a regulatory agency of the government, the Commission is subject to applicable Management Board of Cabinet Directives and Guidelines and the Ministry's Emergency Plan mandated by the Emergency Management and Civil Protection Act (EMCPA), including the Ministry's Business Continuity Plan for Downtown Toronto. Therefore, the Commission and the Ministry agree to develop and maintain necessary mutual arrangements to ensure continuity of the Commission's services as may be required in the event of an emergency as defined in the EMCPA.

En​​vironmental Bill of Rights

The Commission recognizes and supports the Ministry's endorsement of the purposes of the Environmental Bill of Rights, 1993 ("EBR"), which include protecting and conserving the environment. The Commission also recognizes and supports the Ministry's commitment to environmentally sound practices and the Ministry's support and promotion of the "greening" of its programs, practices and activities to all its employees (e.g. the 3R's: reduce, reuse and recycle, in all daily transactions and work activities). The Commission will make reasonable efforts to integrate consideration of the purposes of the EBR and utilize environmentally sound practices when conducting its business.

Customer Service​

  • The CAO will ensure that the Office delivers its services in accordance with the principles and mandatory requirements, as appropriate, of the OPS Service Directive.
  • The Office shall establish and maintain a formal complaints process that is:
    • ​well-publi​cized and easily accessible, particularly to those with special needs;
    • responsive to clients by providing consistent, prompt, thorough and impartial review of their concerns including the provision of appropriate remedies where warranted and communication of the outcome of the complaint investigation that can be understood even if not acceptable to the complainant; and
    • used by the Office to improve its operations.

Intellectual ​​Property

In order to ensure that the Ontario government's intellectual property assets are managed efficiently, effectively and consistently across government, the Office shall comply with Management Board of Cabinet's Managing, Distributing and Pricing Government Information (Intellectual Property) Directive.

Insuranc​​e

The Office is covered by the province's Protection Program.

Records Manag​​ement

Office records are governed by the Archives and Recordkeeping Act, 2006 and the Management Board of Cabinet's Management of Recorded Information Directive.

Harmon​ized Sales Tax (HST)

The Office does not receive a rebate of the federal portion of the Harmonized Sales Tax.

Schedule A: A​pplicable Government Directives

The Office must comply with all Management Board of Cabinet, Public Service Commission and Ministry of Finance Directives that are applicable to regulatory agencies, former Schedule 1 agencies or Commission Public Bodies, including, but not limited to, the following list:

  • Accountability Directive
  • Advertising Content Directive
  • Agency Establishment and Accountability Directive
  • Delegation of Authority Key Directive
  • Disclosure of Wrongdoing Directive
  • Freedom of Information and Privacy Directive
  • Government Appointees Directive
  • Human Resource Management and Governance and Accountability Directive
  • Management of Recorded Information Directive
  • Managing, Distributing and Pricing Government Information (Intellectual Property)
  • Procurement Directive
  • Travel, Meal and Hospitality Expenses Directive

Schedule B: A​​pplicable Statutes

The Office must comply with all applicable statutes, including, but not limited to, the following list: